NDLI: Cement Workers’ Mandal Vs. Global Cements Ltd. (hmp Cements Ltd.) & Ors

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Territorial jurisdiction of the High Court Art. 226(2)
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Constitution of India, Code of Civil Procedure, 1908 (5 of 1908)
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Constitution of India: Art. 226(2) – Territorial jurisdiction of the High Court to entertain the petition – Held: Expression “the cause of action, wholly or in part, arises” occurring in Art. 226(2)has to be read in the context of s. 20(c) CPC which deals with filing of the suit within the local limits of the jurisdiction of the Civil Courts– Issue as to whether the cause of action for filing the petition,wholly or in part, arose in the context of territorial jurisdiction of the High Court, is to be decided keeping in view the provisions of Art. 226(2) r/w s. 20 CPC – On facts, the part of the cause of action as contemplated in Art. 226(2) has arisen within the territorial jurisdiction of the Gujarat High Court for filing the petition to claim appropriate reliefs in relation to such dispute against the Company – Thus, the application was maintainable in the High Court– Order of the Single Judge is restored to the extent it decides that the application is maintainable in the Gujarat High Court – Code of Civil Procedure, 1908 – s. 20.
Judge	Hon'ble Mr. Justice Abhay Manohar Sapre
Neutral Citation	2019 INSC 197
Petitioner	Cement Workers’ Mandal
Respondent	Global Cements Ltd. (hmp Cements Ltd.) & Ors
SCR	[2019] 3 S.C.R. 357
Judgement Date	2019-02-14
Case Number	5360

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